The Supreme Court issued a notice to the Union Government seeking its response to an PIL filed for security of IC members in private companies.
The PIL raised concerns that members of Internal Complaints Committee (IC) constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 do not have protection from arbitrary and retaliatory actions such as termination at private workplaces. The Petition argues that an “anomalous situation has arisen where ICC members have been conferred quasi-judicial powers without the requisite independence and safeguards.”
Case Description: Janaki Chaudhry & Another. v. Ministry of Women and Child Development & Ors.
Facts:
Petitioners filed a Public Interest Litigation (PIL) before Supreme Court of India seeking protection for members of the Internal Committee (“IC”) at private workplaces, for decisions taken by them while conducting inquiries on complaints of sexual harassment at the workplace from arbitrary and retaliatory action against their decisions and recommendations .
Petitioners Contentions:
- While IC members in public sector companies have fixed tenureand protection against arbitrary termination, there exist no safeguards for IC members in private sector. This is an arbitrary classification and is violative of Article 14 of Indian Constitution.
- Even though the IC members have the powers of Civil Court under section 11(3) of the POSH Act, the very nature of the task entrusted to them for the purpose of enquiry, may be to take decisions that may not favour the senior management of the company. This makes the IC members susceptible to victimisation and retaliation, such as unfair termination and demotion.
- POSH Act provides safeguards to the victims of sexual harassment at workplace. However, it fails to address harassment faced by the IC members from senior management. They maybe subject to immense pressure when deciding the matter with impartiality and when deciding the quantum of punishment especially when senior leadership is involved.
- There is absence of redressal mechanism within the framework of the Act that tackles the grievances of IC members.
Prayer:
Therefore, petitioners prayed before the Supreme Court to direct Ministry of Women and Child Development to:
(i)Protect the service condition of IC members and declare all IC members as ‘Public Servant’.
(ii)Direct State Governments to set up an external grievance redressal committee for IC members.
(iii) Sought the formation of a commission to review the POSH Act, and provide recommendations for IC members’ protection on two subjects:
- Rights of IC members in private sector, and
- Protection of IC members against harassment.
(iv) Furthermore, it was prayed that all private and public organizations should be mandated to notify the Local Complaint Committee (“LC”) of any negative incidents concerning IC members.
(v) Lastly, the petition sought National Commission for Women’s monitoring and intervention when an employer seeks to terminate an IC member after issuance of an unfavourable decision.
Court’s Order:
The Supreme Court issued notice to Union Government and sought response on the PIL from the Ministry of Women and Child Development, Ministry of Corporate Affairs and National Commission for Women.